Q.49
Code of Civil Procedure (CPC) Medium Knowledge-Based
Bare Act Specific Relief Act, 1963 · Section 5 SRA

A suit brought by a person to recover possession from a stranger of math property claiming it as heir of the deceased Mahant. The suit is dismissed on his failure to produce the succession certificate. A second suit was filed by him as manager of the math:

A The second suit will be barred by Res Judicata.
The second suit will not be barred by Res Judicata. Answer
C The second suit will be barred by Res sub- Judice
D None of the above
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Explanation & Strategy

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A suit to recover possession from a stranger (not a co-owner or licensee) based on title is governed by Section 5 of the Specific Relief Act read with CPC. The plaintiff must prove their title to the property and the defendant's wrongful possession.

At a Glance
Subject Code of Civil Procedure (CPC)
Difficulty Medium
Act Specific Relief Act, 1963
Section Section 5 SRA
Answer (B) Knowledge-Based
Paper AIBE XIII — December 2018
Progress in Paper
Q.49 100 questions

49% through paper

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